Ohio Northern District Court
Judge:Donald C Nugent
Case #: 1:19-cv-02467
Nature of Suit820 Property Rights - Copyrights
Cause17:101 Copyright Infringement
Case Filed:Oct 22, 2019
Terminated:Mar 02, 2020
Last checked: Sunday Apr 19, 2020 6:23 AM EDT
Defendant
James Wise
Represented By
Stephanie J. Lane
Schmelzer & Lane
contact info
Defendant
Holton-Wise Property Group LLC
Represented By
Stephanie J. Lane
Schmelzer & Lane
contact info
Plaintiff
Clayton Morris
Represented By
Louis W. Tompros
Wilmer, Cutler, Pickering, Hale & Dorr - Boston
contact info
Christa J. Laser
Wilmer, Cutler, Pickering, Hale & Dorr - Washington
contact info
Katharine Szczepanik Jones
Wilmer, Cutler, Pickering, Hale & Dorr - Dayton
contact info
TERMINATED PARTIES
Defendant
Holton-Wise Property Group
Terminated: 12/05/2019
Represented By
Stephanie J. Lane
Schmelzer & Lane
contact info

GPO Mar 02 2020
Memorandum Opinion and Order. The Defendants' Motion to Dismiss (ECF #22) is GRANTED. This case is hereby dismissed with prejudice. IT IS SO ORDERED. Judge Donald C. Nugent on 3/2/2020. (M,S)
GPO May 13 2020
Memorandum Opinion and Order denying Defendants' 30 Motion for Attorney Fees. IT IS SO ORDERED. Judge Donald C. Nugent on 5/13/2020. (M,S)

Docket last updated: 11/21/2024 11:59 PM EST
Wednesday, May 13, 2020
34 34 4 pgs order Memorandum Opinion and Order Wed 05/13 1:28 PM
Memorandum Opinion and Order denying Defendants'30 Motion for Attorney Fees. IT IS SO ORDERED. Judge Donald C. Nugent on 5/13/2020. (M,S)
Related: [-]
Monday, April 06, 2020
33 33 resp Reply Mon 04/06 4:27 PM
Reply in support of30 Motion for attorney fees by Stephanie J. Lane filed by All Defendants.(Lane, Stephanie)
Related: [-]
Att: 1 Exhibit A--Counter Demand Letter Dated 12/19/19
Monday, March 30, 2020
32 32 resp Opposition Mon 03/30 4:44 PM
Opposition to30 Motion for attorney fees by Stephanie J. Lane filed by Clayton Morris.(Laser, Christa)
Related: [-]
Att: 1 Exhibit 1 Declaration of Laser,
Att: 2 Exhibit 2 Hollis Deposition,
Att: 3 Exhibit 3 Letter to Lane,
Att: 4 Exhibit 4 E-mail to Laser,
Att: 5 Exhibit 5 E-mail to Lane,
Att: 6 Exhibit 6 E-mail to Laser
Sunday, March 15, 2020
31 31 oth_ans Brief Sun 03/15 3:33 PM
Brief Memorandum in Support of Motion for Attorney Fees filed by All Defendants. Related document(s)30 . (Lane, Stephanie)
Related: [-]
Att: 1 Exhibit A--News Articles,
Att: 2 Exhibit B--Pacer Summary Report,
Att: 3 Exhibit C--Natali Morris Blog,
Att: 4 Exhibit D--News Articles on Plaintiff's Relocation,
Att: 5 Exhibit E--Plaintiff's Motion to Dismiss In Another Court,
Att: 6 Exhibit F--Plaintiff's Statement of Residency in District Court Filing,
Att: 7 Exhibit October 23rd 2019 Law.Com Article,
Att: 8 Exhibit H--October 23rd 2019 Press Release from Plaintiff's Law Firm,
Att: 9 Exhibit I--Defendants' AppK Disclosure,
Att: 10 Exhibit J--Indictment of Bert Whalen dated Nov. 22nd 2019,
Att: 11 Exhibit K--Nov 22nd 2019 News Article re Indictment and Continuing Criminal Investigation,
Att: 12 Exhibit L--Plaintiff's Damages Demand,
Att: 13 Errata M--Plaintiff's Dec 2019 Letter,
Att: 14 Exhibit N--Plaintiff's Discovery Request,
Att: 15 Affidavit Exhibit O--Affidavit and Time Itemization,
Att: 16 Exhibit P--2019 OSBA study,
Att: 17 Exhibit Q--2013 OSBA Report
30 30 motion Attorney Fees Sun 03/15 3:22 PM
Motion for attorney fees by Stephanie J. Lane filed by Holton-Wise Property Group, Holton-Wise Property Group LLC, James Wise. (Lane, Stephanie)
Related: [-]
Wednesday, March 11, 2020
29 29 oth_doc Report Regarding Copyright Action - AO121 Wed 03/11 3:20 PM
Report on the Determination [Closing] of an Action Regarding a Copyright (AO121). (W,Na)
Related: [-]
Monday, March 02, 2020
28 28 minutes ~Util - Terminate Motions Memorandum Opinion and Order Order Dismissing Case Mon 03/02 11:21 AM
Memorandum Opinion and Order . The Defendants' Motion to Dismiss (ECF #22 ) is GRANTED. This case is hereby dismissed with prejudice. IT IS SO ORDERED. Judge Donald C. Nugent on 3/2/2020. (M,S)
Related: [-]
Monday, February 03, 2020
oth_evt Last Notice re NextGen Mon 02/03 1:12 PM
LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period. Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
Related: [-]
Thursday, January 30, 2020
27 27 oth_ans Response/Reply/Sur-Reply Thu 01/30 4:45 PM
Reply Memorandum in Support of Motion to Dismiss filed by All Defendants. Related document(s)25 . (Lane, Stephanie)
Related: [-]
Thursday, January 23, 2020
26 26 notice Notice of Discovery Dispute (atty event) Thu 01/23 7:03 PM
Notice of Discovery Dispute filed by Clayton Morris.(Tompros, Louis)
Related: [-]
Att: 1 Local Rule 37.1 Certification,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C,
Att: 5 Exhibit D,
Att: 6 Exhibit E,
Att: 7 Exhibit F,
Att: 8 Exhibit G
Thursday, January 16, 2020
25 25 resp Opposition Thu 01/16 6:49 PM
Opposition to22 Motion to dismiss filed by Clayton Morris. (Laser, Christa)
Related: [-]
Friday, January 10, 2020
oth_evt Notice re NextGen Fri 01/10 12:38 PM
IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found[LINK:on the court's website.] Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking here. If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
Related: [-]
Thursday, December 19, 2019
24 24 notice Corporate Disclosure Statement (atty event) Thu 12/19 6:52 PM
Corporate Disclosure Statement filed by Holton-Wise Property Group LLC. (Lane, Stephanie)
Related: [-]
23 23 oth_ans Brief Thu 12/19 3:33 PM
Brief In Support of Motion to Dismiss filed by All Defendants. Related document(s)17 ,22 . (Lane, Stephanie)
Related: [-]
Att: 1 Exhibit A--NYT Article SEptember 2019,
Att: 2 Exhibit B--Indy News Article June 2019,
Att: 3 Exhibit C--Natali Morris Blog,
Att: 4 Exhibit D--Morris Residency Filing ILL District Court,
Att: 5 Exhibit E--Whalen Indictment,
Att: 6 Exhibit F--Indy Article re NJ Criminal Probe,
Att: 7 Exhibit G--Morris Demand to Destroy Tapes,
Att: 8 Appendix A--Sedgewick Decision,
Att: 9 Appendix B--Taggert Decision,
Att: 10 Appendix C--PA Long Arm Statute
22 22 motion Dismiss Dismiss for Failure to State a Claim Thu 12/19 3:27 PM
Motion to dismiss , Motion to dismiss for failure to state a claim filed by Holton-Wise Property Group, Holton-Wise Property Group LLC, James Wise. Related document(s)17 . (Lane, Stephanie)
Related: [-]
Friday, December 13, 2019
21 21 minutes Case Management Conference Fri 12/13 11:16 AM
Minutes of proceedings before Judge Donald C. Nugent. Case Management Conference held on 12/13/2019. Case is assigned to the standard track. Non-Expert Discovery due by 6/1/2020. IMPORTANT: Status Conference set for 3/3/2020 at 09:00 AM in Chambers 15A before Judge Donald C. Nugent. (Court Reporter: None.) Time: 30 minutes. (M,S)
Related: [-]
order Order on Motion to dismiss for failure to state a claim Fri 12/13 11:19 AM
Order [non-document] denying as moot Defendant's Motion to dismiss for failure to state a claim Related [+]. Amended Complaint filed 12/5/2019. Judge Donald C. Nugent on 12/13/2019. (M,S)
Related: [-] 10
Wednesday, December 11, 2019
20 20 service Return of Service Executed Wed 12/11 3:38 PM
Return of Service by personal service executed upon Holton-Wise Property Group LLC on 12/10/2019, filed on behalf of Clayton Morris (Laser, Christa)
Related: [-]
Friday, December 06, 2019
19 19 oth_evt Summons Issued Fri 12/06 4:03 PM
Original Summons issued to counsel for service upon Holton-Wise Property Group LLC. (W,CM)
Related: [-]
Thursday, December 05, 2019
18 18 oth_doc Supplement (atty event) Thu 12/05 2:12 PM
Supplement to Amended complaint - Verification of Amended Complaint and Exhibits A-F, filed by Clayton Morris. Related document(s)17 .(Laser, Christa)
Related: [-]
Att: 1 Exhibit A (preview of video with title),
Att: 2 Exhibit B (email blast),
Att: 3 Exhibit C (Morris T-shirt),
Att: 4 Exhibit D (YouTube Copyright compl),
Att: 5 Exhibit E (Counter Notice),
Att: 6 Exhibit F (Biggerpockets Wise Reply)
17 17 cmp Amended Complaint Thu 12/05 1:18 PM
First Amended complaint against James Wise and adding new party defendant(s) The Holton-Wise Property Group LLC. Filed by Clayton Morris. (Laser, Christa)
Related: [-]
Att: 1 Summons
Friday, November 29, 2019
16 16 notice Notice (atty event) Fri 11/29 2:41 PM
Statement of Compliance filed by All Defendants. (Lane, Stephanie)
Related: [-]
Wednesday, November 27, 2019
15 15 notice Notice (atty event) Wed 11/27 10:26 AM
Preservation Statement filed by Clayton Morris. (Laser, Christa)
Related: [-]
Monday, November 25, 2019
14 14 notice Report of Parties Planning Meeting (atty event) Mon 11/25 5:49 PM
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Clayton Morris. (Laser, Christa)
Related: [-]
Thursday, November 21, 2019
order Order on Motion to appear pro hac vice Thu 11/21 12:54 PM
Order [non-document] granting Motion for appearance pro hac vice by attorney Louis W. Tompros for Clayton Morris. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Related [+]. Judge Donald C. Nugent on 11/21/2019. (M,S)
Related: [-] 12
order Order on Motion to appear pro hac vice Thu 11/21 12:56 PM
Order [non-document] granting Motion for appearance pro hac vice by attorney Christa J. Laser for Clayton Morris. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Related [+]. Judge Donald C. Nugent on 11/21/2019. (M,S)
Related: [-] 13
Tuesday, November 19, 2019
13 13 motion Appear Pro Hac Vice Tue 11/19 12:47 PM
Motion for attorney Christa J. Laser to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9635600, filed by Plaintiff Clayton Morris.(Jones, Katharine)
Related: [-]
Att: 1 Exhibit A - Laser Declaration
12 12 motion Appear Pro Hac Vice Tue 11/19 12:44 PM
Motion for attorney Louis W. Tompros to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9635578, filed by Plaintiff Clayton Morris.(Jones, Katharine)
Related: [-]
Att: 1 Exhibit A - Tompros Declaration
Monday, November 18, 2019
11 11 1 pgs order Order on Motion for extension of time to answer Mon 11/18 1:18 PM
Marginal Entry Order denying as moot Defendants'7 Motion for Extension of Time until 12/13/2019 to Answer inasmuch as Defendants filed10 Motion to dismiss for failure to state a claim and other grounds on 11/14/2019. Judge Donald C. Nugent on 11/18/2019. (M,S)
Related: [-]
Thursday, November 14, 2019
10 10 motion Dismiss for Failure to State a Claim Thu 11/14 11:48 PM
Motion to dismiss for failure to state a claim and other grounds filed by Holton-Wise Property Group, James Wise. Related document(s)1 .(Lane, Stephanie)
Related: [-]
Att: 1 Brief in Support Memorandum in Support,
Att: 2 Exhibit Ex A--NYT Article,
Att: 3 Exhibit Ex B--Ohio Secretary of State Registration,
Att: 4 Exhibit Ex C--Indy News Article,
Att: 5 Exhibit D--Official District Court Filing by Plaintiff in District of Indiana,
Att: 6 Exhibit Blog entry of Natali Morris,
Att: 7 Appendix App A--Sedgwick Case Decision,
Att: 8 Appendix App B--PA Long Arm Statute
9 9 resp Reply Thu 11/14 12:58 PM
Reply in support of7 Motion for extension of time until 12/13/2019 to answer filed by All Defendants.(Lane, Stephanie)
Related: [-]
Att: 1 Exhibit A--NYT Article SEptember 2019,
Att: 2 Exhibit B--Indy News Article June 2019,
Att: 3 Exhibit C--Morris Court Filing Southern District Indiana
8 8 resp Opposition Thu 11/14 9:29 AM
Opposition to7 Motion for extension of time until 12/13/2019 to answer filed by Clayton Morris.(Jones, Katharine)
Related: [-]
Att: 1 Exhibit A - Email Correspondence
Wednesday, November 13, 2019
7 7 motion Extension (answer complaint) Wed 11/13 6:33 PM
Motion for extension of time until 12/13/2019 to answer filed by Holton-Wise Property Group, James Wise. (Lane, Stephanie)
Related: [-]
6 6 notice Attorney Appearance (atty event) Wed 11/13 4:30 PM
Attorney Appearance by Stephanie J. Lane filed by on behalf of All Defendants. (Lane, Stephanie)
Related: [-]
Monday, November 04, 2019
5 5 order Case Management Conference Scheduling Order Mon 11/04 9:55 AM
Case Management Conference Scheduling Order with case management conference to be held on 12/13/2019 at 10:45 AM at Chambers 15A before Judge Donald C. Nugent. Judge Donald C. Nugent on 11/1/2019. (M,S)
Related: [-]
Tuesday, October 29, 2019
4 4 service Return of Service Executed Tue 10/29 3:45 PM
Return of Service by personal service executed upon Holton-Wise Property Group on 10/24/2019; James Wise on 10/24/2019, filed on behalf of Clayton Morris (Jones, Katharine)
Related: [-]
Tuesday, October 22, 2019
3 3 oth_evt Summons Issued Tue 10/22 3:37 PM
Original Summons and Magistrate Consent Form issued to counsel for service upon Holton-Wise Property Group, James Wise. (Y,A)
Related: [-]
Att: 1 Magistrate Consent Form
2 2 oth_doc Report Regarding Copyright Action - AO121 Tue 10/22 3:03 PM
Report on the Filing of an Action Regarding a Copyright (AO121) filed by Clayton Morris. (Jones, Katharine)
Related: [-]
1 1 cmp Complaint Tue 10/22 2:50 PM
Complaint with jury demand against All Defendants. Filing fee paid $400, Receipt number 0647-9587575. Filed by Clayton Morris. (Jones, Katharine)
Related: [-]
Att: 1 Civil Cover Sheet,
Att: 2 Summons,
Att: 3 Exhibit A (preview of video with title),
Att: 4 Exhibit B (email blast),
Att: 5 Exhibit C (Morris T-shirt),
Att: 6 Exhibit D (YouTube Copyright compl),
Att: 7 Exhibit E (Counter Notice),
Att: 8 Exhibit F (Biggerpockets Wise Reply)
utility Add and Terminate Judge Tue 10/22 3:33 PM
Judge Donald C. Nugent assigned to case, (Y,A)
Related: [-]
oth_evt Random Assignment of Magistrate Judge Tue 10/22 3:33 PM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (Y,A)
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